Scarlet Nightclub denied vote after liquor recusals over harassment claims

Scarlet Nightclub denied vote after liquor recusals over harassment claims

HONOLULU (HawaiiNewsNow) – Scarlet Nightclub’s fight with city liquor regulators escalated again after three commissioners walked out of a hearing last week, leaving the panel without enough members to vote on

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The dispute between the gay bar and the Honolulu Liquor Commission goes back years, including a nearly $700,000 settlement over discrimination and retaliation claims.

Scarlet is now suing again, alleging the retaliation has not stopped.

Commissioners cite harassment

At last week’s hearing, two commissioners — Edmund Hyun and Robert Cundiff — recused themselves as soon as the Scarlet item was called.

“I don’t believe I can be fair and impartial in this matter,” one commissioner said.

“Wow. So we have a very unique situation here,” commission chair Jeffrey Hong said.

With only two commissioners remaining, the panel did not have enough members to hold a vote.

Still, Hong presented evidence that he said showed nightclub supporters attacking the commission through online posts, official document requests and personal mail, which he said justified recusal.

“I’m tired of this harassment,” Hong said.

Attorney argues free speech

Scarlet’s attorney, Carl Varady, argued the supporters’ actions were protected free speech.

“Nobody in this room has to take this kind of abuse from public officials, because we live in a representative democracy,” Varady said.

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“OK, Mr. Varady, please be quiet. Please be quiet,” Hong said.

Hong is a longtime gay rights advocate and a former board member of the ACLU.

Varady accused Hong of making internet insults against Scarlet’s owners.

“You have disqualified yourself not only from consideration of this license, but from sitting on this commission because of your personal biases,” Varady said. “You should resign. You have no business up there because these concepts of free speech and free expression, they are–”

“Yes, I am very aware of the concept of free speech,” Hong interrupted. “OK, please be quiet. Be quiet.”

“You’re interrupting me,” Varady said.

“Yes, I am,” Hong replied. “Yeah, I am going to interrupt you. Stop.”

“That’s exactly my point,” Varady said. “What could be a better illustration of your intolerance for free expression?”

Club seeks ‘legal ammunition’

Hong then recused himself and left the room. Without a quorum, the commission could not approve Scarlet’s request for extra hours during Pride Month.

Scarlet owner Robbie Baldwin said he now has more legal ammunition.

“We are allowed by the Constitution to criticize the government, and they are not allowed to retaliate because of it,” Baldwin said.

Honolulu City Council member Matt Weyer said he sees both sides of the dispute.

“I want commissioners on any commission to be transparent and recuse themselves when they feel that they need to,” Weyer said.

Although Scarlet missed the chance for extended Pride Month hours, the mayor has the power to appoint temporary commissioners to take up the club’s requests in the future.

Editor’s note: While Pride Month is celebrated nationally in June, Honolulu celebrates Pride Month in October to coincide with LGBT History Month, National Coming Out Day and Spirit Day.

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